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1922 Supreme(J&K) 446

KANWAR SAIN
Manorath, Beli Ram – Appellant
Versus
Ganga Ram Amar Nath And Mehr Chand – Respondent


Advocates Appeared:
Advocate For Appellant: Dewan Anant Ram
Advocate For Respondent: L. Thakur Das

The relationship of the parties will appear from the folioing pedigree table: -

Parji

Uttam Dudhoo Bhaga

(Childless) I I

adopted son

Manorath

Ganga Ram Sri Ram Sharma Moti Ram Jallo Gokal Manorath

Beli Ram

adopted son

adoption in

question.

The Plaintiffs suit was for the cancellation of the deed of adoption dated 25th Baisakh 1975 whereby Manorath the real brother of Ganga Ram, Plaintiff No. 1 and uncle of other Plaintiffs adopted Beli Ram, Defendant No. 2 who, it is alleged, was the illegitimate son of one Mussammat Jindo, a Brahmani woman kept as wife by Manorath a Thakkur by caste. The defendants pleaded inter alia that the marriage of Mussammat Jindo, a Brahmani woman, with Manorath Thakkur was valid by custom-that Beli Ram was Manoraths own natural son from Mussammat Jindo and that consequently the adoption too was valid-that it was effected in 1953 with the consent of Jallo and Hari Ram the brothers of Ganga Ram-that the suit was, therefore, barred by time. The First Court held that the parties were governed by custom and not by Hindu Law-that according to the prevailing custom Thakurs could contract mar









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